Red Wing Potteries, Inc. v. Commissioner
United States Board of Tax Appeals
The taxpayer on the accrual basis was obligated under Minnesota law to pay certain state property taxes for the years 1929 to 1933, inclusive, although the property taxed was not then ascertained by proper returns filed; and the taxpayer thereafter paid these taxes in 1936. Held, that the taxes accrued in the prior years and are therefore not deductible in 1936; held, further, that the Board has no jurisdiction under sections 272(g) and 322(d) to determine an overpayment for…
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The taxpayer on the accrual basis was obligated under Minnesota law to pay certain state property taxes for the years 1929 to 1933, inclusive, although the property taxed was not then ascertained by proper returns filed; and the taxpayer thereafter paid these taxes in 1936. Held, that the taxes accrued in the prior years and are therefore not deductible in 1936; held, further, that the Board has no jurisdiction under sections 272(g) and 322(d) to determine an overpayment for a year not before it and apply it as a credit against the deficiency for the taxable year. Helmuth Heyl,34 B.T.A. 223,…
1Opinion of the Court
RED WING POTTERIES, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Red Wing Potteries, Inc. v. Commissioner
Docket No. 97674.
United States Board of Tax Appeals
43 B.T.A. 841; 1941 BTA LEXIS 1443;
March 6, 1941, Promulgated
The taxpayer on the accrual basis was obligated under Minnesota law to pay certain state property taxes for the years 1929 to 1933, inclusive, although the property taxed was not then ascertained by proper returns filed; and the taxpayer thereafter paid these taxes in 1936. Held, that the taxes accrued in the prior years and are therefore not deductible in…
2Cases cited11 opinions
- United States v. AndersonSupreme Court of the United States · 1926
- Bull v. United StatesSupreme Court of the United States · 1935
- United States Ex Rel. Girard Trust Co. v. HelveringSupreme Court of the United States · 1937
- County of Olmsted v. BarberSupreme Court of Minnesota · 1883
- State ex rel. Vossen v. EberhardSupreme Court of Minnesota · 1903
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